SHRIMATI KRISHNA KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal No. 1517 of 1989 and Civil Writ Petition No. 11864 of 1991 as questions of law involved in both the cases are identical.

(2.) BROAD facts are being taken from the Regular Second Appeal No. 1517 of 1989 titled Smt. Krishna Kumari v. State of Punjab and Ors.

(3.) BRIEFLY put, the plaintiff, a teacheress posted in a Government Primary School, had been drawing house rent allowance as admissible to other Government employees since February, 1974. It is on January 24, 1983 that it came to light that she had been drawing house rent allowance in violation of the instructions contained in government letter dated February 20, 1965. When asked to explain, she stated that her husband was paying house rent for the Government accommodation allotted to him and both of them i. e. husband and wife are government employees withdrawal of house rent allowance by her does not violate any of the government instructions. The plaintiff further contended that the order dated 20. 2. 1985 stopping the house rent allowance and for recovery of the amount of Rs. 9023. 30 is wholly unjustified.